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Legal Notices for 1/16/13, page 2



 

 1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 11-CI-00901

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. BENNY BURT RANDLE, a/k/a BENNY BURT RANDALL; JODI RANDLE, a/k/a JODI RANDALL; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 5, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Benny Randle, plus costs, is as follows:

(1) The Defendant, Benny Randle is indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $6,844.46, which includes the amount owed on the loan as well as attorney fees and costs, with interest thereon at the contract rate of 9.75% per annum from September 27, 2012 until the date of entry hereof, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action:

Said property address is: 1040 Hamblin Hollow Road, Williamsburg, KY 40769.

The property to be sold is as follows:

Beginning on an iron stake and right-of-way of Hamblin Hollow Road at a creek; thence with the creek in a northeasterly direction 1,207 feet to an iron stake at the creek; thence in a southeasterly direction 1,700 feet to an iron pipe in the top of a ridge; thence southwest 250 feet to an iron pipe at an oak tree stump; thence in a southwesterly direction 1,975 feet to the right-of-way of Hamblin Hollow Road; thence with Hamblin Hollow Road in a northwesterly direction 306 feet to the point of beginning.

Being the same property conveyed to Benny Burt Randall by deed dated March 22, 2007, of record in Deed Book 475, Page 732, in the office of the Whitley County Clerk.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 11-CI-00923

JPMORGAN CHASE BANK, N.A., PLAINTIFF, VS. TOMMY L. JUSTICE JR AKA TOMMY JUSTICE JR; STEPHANIE N. JUSTICE; CREDIT ACCEPTANCE CORPORATION, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 5, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Tommy L. Justice Jr. aka Tommy Justice Jr. and Stephanie N. Justice, plus costs, is as follows:           

(1) The sum of $107,991.28, plus interest on the judgment at the current rate of 6.50000% from the date referenced in the Account Status Affidavit, 08/15/2012, until paid, plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Property Address: 1014 Peach Ln., Williamsburg, KY 40769.

Said property is located in Whitley County, Kentucky, and more particularly described as follows:

Parcel # 1

BEGINNING on a stake on the line of Tract III, Lot 2 of this division; thence S 72 07` 02” E 289 feet to a stake in the Donnie Huddleston line; thence with said Huddleston line N 23 32` 38” W 161.75 feet to a stake; thence N 70 07` 02” E 280 feet to a stake; thence a southeasterly direction approximately 162 feet to the point of BEGINNING. Containing 1.08 acres, more or less. There is also included in this conveyance an easement along the Southern line of Grantor`s property 15 feet in width to an existing gravel or dirt roadway, said easement is approximately 62.4 feet in length.

PARCEL # 2

(Tract III, Lot 2)

BEGINNING on a survey marker in the center of Sanders Creek, in the westerly line of the William E. Meadors tract, and at the southeasterly corner of Tract 1, Lot 1, of this division, said point of beginning bearing S 23° 19` 17” W 1370-95 feet from a P-K nail in the intersection of the centerlines of Craig Road and Wilson Road, and running thence with the meanders of Sanders Creek the following calls: S 37° 42` 16” E 41.60 feet to a point; thence S 10° 18` 16” E 52.92 feet to a point; thence S 60° 48` 33” E 26.40 feet to a point; thence S 00° 41` 23” W 39.26 feet to a point; thence S 06° 34` 48” W 8.46 feet to a point at the northeast corner of tract III, Lot 3; thence leaving Sanders Creek and running with the north line of Tract III, Lot 3 S 70° 07` 02” W 10.00 feet to a survey marker set as a witness corner; thence S 70° 02` 02” W 267.55 feet to a survey marker in the east line of an existing graveled or dirt roadway; thence crossing said road S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence continuing with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 294.39 feet to a survey marker at the northwesterly corner of Tract III, Lot 3, and in the easterly line of the Donnie Huddleston tract; thence leaving the Tract III, Lot 2; thence leaving the Huddleston line and running with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 351.40 feet to a survey marker in the westerly line of an existing graveled or dirt roadway; thence crossing said roadway N 70° 07` 02” E 20.75 feet to a survey marker in the easterly line of said roadway; thence continuing with the south line of Tract III, Lot 1, N 70° 07` 02” E 226.62 feet to the point of beginning containing a calculated area of 2.162 acres as per survey and plat dated October 12, 1996 by Gary R. Owens, RLS Ky Registration Number 2681.

EXCEPTION to Tract III, Lot 2:

There is excepted from the above description a twenty-foot roadway, said roadway being reserved for the purpose of access to all tracts and lots of this division and being only that portion of said roadway which is within the boundaries of Tract III, Lot 2 of this division and being more fully described as follows; to-wit: BEGINNING on a survey marker on the southerly line of Tract III, Lot 1, said survey marker being the northeasterly corner of that portion of said roadway which lies with the boundaries of Tract III, Lot 2, and running thence with the easterly line of said roadway the following calls: S04° 23` 55” E 78.46 feet to a point; thence S 16° 13` 26” E 40.42 feet to a point; thence S 15° 44` 59” E 36.81 feet to a point; thence S 07° 09` 24” E 10.45 feet to a survey marker in the northerly line of Tract III, Lot 3; thence with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence with the westerly line of said roadway the following calls N 07° 09` 24” W 19.02 feet to a point; thence N 15° 44` 59” E 35.13 to a point; thence N 16° 13` 26” W 36.76 to a point; thence N 04° 23` 55” W 74.99 feet to a survey marker in the southerly line of Tract III, Lot 1; thence with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 20.75 feet to the point of beginning.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, then, and in that event, they may take a credit upon its judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 12-CI-146

JPMorgan Chase Bank, National Association, Plaintiff, VS. James Privett; Rhonda Privett; Unknown Defendant, Spouse of Donna Lynn Privett on May 29, 2007, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, James Privett; Rhonda Privett; Unknown Defendant, Spouse of Donna Lynn Privett on May 29, 2007, plus costs, is as follows:

(1) The principal sum in the amount of $87,589.18, plus interest from 06/1/11 in the amount of $6,479.45, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,162.32, plus pre-acceleration late charges in the amount of $32.60, plus property preservation in the amount of $540.00, for a total in the amount of $96,803.55, together with interest at the rate of 6.1250 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 100 Westwood Lane, Williamsburg, KY 40769.

BEING LOT NO.  9 and being a part of tract No. 3, a deed recorded in Deed Book 370, Page 708, Whitley County Clerk’s Office and being more particularly described as follows:

BEGINNING at a ½” steel rod set 10 feet east of the centerline of West Woods Lane, a corner to the Shelby Mays reserve parcel; thence leaving said Shelby Mays reserve parcel and running parallel to the centerline of said West Woods Lane S 12-17-47 W 107.80 feet to a 1/2” steel rod; thence S 69-52-04 E, 77.44 feet to a ½” steel rod; thence with a curve to the right having a radius of 458.94 feet, an arc distance of 42.13 feet, the chord-being S 68-34-47 E, 42.12” feet to a ½” steel  rod, a corner to Lot No. 8 of this division, thence leaving said West Woods Lane and running with the line of said Lot No. 8, N 24-03-18 E, 170.39 feet to a ½” steel rod; a corner to Rhonda R. Smith, and the Shelby Mays reserve parcel; thence leaving said Rhonda R. Smith and severing the land of said Shelby Mays a new line W 70-44-40 W, 265.07 feet to the place of beginning and containing eight-nine hundreds (0.89) acres more or less, with all bearings referred to the 1993 magnetic meridian, and all ½” steel rods having plastic caps stamped, RSP LS 2776, all according to survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on January 10, 1995.

RESTRICTIONS:

No singlewide mobile homes, whether temporary or permanent, shall be located on the premises.  These restrictions shall run with the land.

BEING ALL THE SAME LAND acquired by James R. Privett and Donna L. Privett, husband and wife, by a deed of conveyance from Mandie Z. Jones and Joshua C. Jones, husband and wife, dated March 4, 2005 and recorded in Deed Book 459, at page 410, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 06-CI-00918

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. MICHAEL MONHOLLEN and his wife, GENEVA MONHOLLEN; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE; CITY OF WILLIAMSBURG, KENTUCKY; WILLIAMSBURG CITY SCHOOLS; US BANK CUST SASS MUNI VI, DTR; TAX EASE LIEN SERVICING, LLC; JAMOS FUND 1, LP; JAMOS FUND 1; AMERICAN GENERAL FINANCE, INC.; And WHITLEY COUNTY, KENTUCKY, DEFENDANTS.       

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, and a subsequent Judgment entered of record on February 12, 2007, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael Monhollen and Geneva Monhollen, plus costs, is as follows:

(1) The sum in the amount of $58,933.19, as of March 19, 2012, plus interest thereon at the rate of 7.49% until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

PROPERTY ADDRESS:   222 South 11th Street, Williamsburg, Kentucky 40769.

BEGINNING at a stake at the edge of Locust Street (now 11th Street); thence north 34 deg., west 123 feet to a stake; thence South 51 deg., west, 161 feet to a stake; thence south 34 deg., west 123 feet to a stake; thence North 51 deg. 30 min., East 161 feet to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Michael Monhollen and his wife, Geneva Monhollen, by deed dated June 8, 2000, from Doug Wood and his wife, Lou Davenport Wood, (f/k/a Lou Bailey Davenport), and recorded in Deed Book 419, Page 37 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00243

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK,  PLAINTIFF, VS. LARRY WILSON, single; COMMUNITY TRUST BANK; GE MONEY BANK; KRISTI CARTER, AS NEXT FRIEND, GUARDIAN AND NATURAL MOTHER OF HANNAH ASHALAN CARTER, A MINOR CHILD; ROD NEIL CARTER, AS CO-ADMINISTRATOR OF THE ESTATE OF TOD ALAN CARTER, DECEASED; BETTY JEAN CARTER, AS CO-ADMINISTRATOR OF THE ESTATE OF TOD ALAN CARTER, DECEASED; And WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Larry Wilson, plus costs, is as follows:

(1) The sum in the amount of $54,334.59, as of October 17, 2012, plus interest at the rate of 7.25% per annum until paid.

PROPERTY ADDRESS:   2340 Blakes Fork Road, Williamsburg, Kentucky 40769.

BEGINNING at a marker on the corner where the Gerald M. Wilson and the Larry N. Wilson properties adjoin, traveling 275 feet northwest 310 degrees to a poplar tree.  Then 333 feet northeast 11 degrees to a black gum tree in the line fence.  Then traveling 515 feet southeast 126 degrees to a wild cherry tree.  Then 369 feet southwest 249 degrees to starting marker.

Being the same real property conveyed to Mortgagor by deed from Gerald M Wilson and his wife, Brenda G. Wilson, dated June 15, 1996, recorded in Deed Book 386, Page 544 of the Whitley County Court Clerk’s Office. 

EASEMENT: The Mortgagor also grants to Mortgagee a mortgage on a twelve foot wide portion of property along the property line of Patricia Wilson extending through property owned by Mortgagor referenced in the Deed dated April 13, 1993 from Barbara Wilson Steely and her husband Allan W. Steely to Mortgagor recorded in Deed book 363, Page 142 of the Whitley County Court Clerk’s Office. Said strip of land is to be used for Ingress and Egress to the property described in Deed Book 386, Page 544 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT  DIVISION NO. II

CIVIL ACTION NO. 12-CI-00303

FORCHT BANK, NA, PLAINTIFF, VS. JONATHAN JOYCE, a/k/a JONATHAN M. JOYCE, and his wife, CHRISTINA JOYCE, a/k/a CHRISTINA R. JOYCE; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jonathan Joyce, a/k/a Jonathan M. Joyce, and Christina Joyce a/k/a Christina R. Joyce, plus costs, is as follows:

(1) The sum in the amount of $15,638.53, plus interest thereon at the rate of 7.19% per annum ($2.812643 per day) from October 23, 2012 until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

PROPERTY ADDRESS:   5214 Highway 26, Rockholds, Kentucky 40759.

Current Parcel ID No: 122-00-00-090.00

BEGINNING at a stone with Hwy. 26 and George and Mae Barton’s line; thence in and easterly direction 183 feet to a stone at Watts Creek; thence in a northerly direction with Watts Creek and Barton property line 125 feet to a stone at the mouth of a branch; thence in a westwardly direction 291.50 feet to a culvert at the boundary of Hwy. 26; thence in a southwardly direction with the boundary of Hwy. 26, 214 ft. to the BEGINNING.

There is reserved herefrom an easement and right-of-way passage over the road presently existing from the house of Mae Barton, and husband, George Barton, to Hwy. 26.

This conveyance is made subject to all legal and existing restrictions, easements and rights-of-way which in any manner affect the title of the property herein being conveyed, including the applicable ordinances as same pertain to the Whitley County or City Planning Commission; and

BEING THE SAME PROPERTY conveyed to Christina Joyce and her husband, Jonathan Joyce, by deed dated May 5, 2010, and recorded in Deed Book 495, Page 662 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616